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On this page, you can search and view the Supreme Court’s opinions. If you wish to review the docket or documents filed in a matter, please go to the Court’s public portal search page.

1741 - 1750 of 12359 results

Thomas v. Thomas 2019 ND 299
Docket No.: 20190094
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Section 14-09-06.2(1)(j), N.D.C.C, creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. A district court is not bound to accept stipulations regarding custody and care of children if it finds the stipulations are not in the best interests of the child. A district court’s findings and conclusions regarding the presumption and stipulations should be sufficiently detailed to allow this Court to understand the basis for its decision.

State v. Rose 2019 ND 298
Docket No.: 20190176
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Statutes are generally not retroactive unless the legislature expressly declares so.

The law in effect when court proceedings occurred and the district court issued its decision is controlling.

Edwardson v. State 2019 ND 297
Docket No.: 20190182
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Whether a petitioner received  ineffective  assistance  of counsel is a mixed question of law and fact and is fully reviewable on appeal. The district court’s findings of fact will not be disturbed on appeal unless clearly erroneous.

A district court’s findings supporting the denial of appellant’s application for post-conviction relief were not clearly erroneous.

Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al. 2019 ND 296
Docket No.: 20190138
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: When a lessor sells property that is subject to an unfulfilled lease, the buyer takes the property subject to the terms of the lease.
A lease is an agreement under which the owner gives up possession and use of property for valuable consideration and for a definite term and at the end of the term the owner has the absolute right to retake, control, and use the property.
Conversion is the tortious detention or destruction of personal property, or a wrongful exercise of dominion or control over the property inconsistent with or in defiance of the rights of the owner.
The detriment caused by the wrongful conversion of personal property includes fair compensation for the time and money properly expended in pursuit of the property.

Open Road Trucking v. Swanson, et al. 2019 ND 295
Docket No.: 20190091
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: A judgment debtor who pays more than his or her proportionate share of a judgment may take an assignment of the judgment for the purpose of enforcing contribution against co-debtors.

WSI v. Salat, et al. 2019 ND 294
Docket No.: 20190056
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A reasoning mind could reasonably determine the claimant was unable to work and earn as much as he earned at the time of his injury and the claimant suffered low back pain that was attributable to the compensable work injury after November 11, 2016.

Lindstrom v. N.D. Dep't of Transportation 2019 ND 293
Docket No.: 20190204
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A reasoning mind could have reasonably found a report and notice was forwarded to the Department within five days of the issuance of the temporary operator’s permit as required by law. The hearing officer’s decision to suspend the appellant’s license for 180 days is affirmed.

State v. Walker 2019 ND 292
Docket No.: 20190186
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A district court did not abuse its discretion when it ordered restitution against a defendant who pled guilty to theft for possession of a stolen motorcycle, and that motorcycle was returned damaged to the victim.

Stein v. State 2019 ND 291
Docket No.: 20190114
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court was not clearly erroneous in denying the application for post-conviction relief.

State v. Comes 2019 ND 290
Docket No.: 20190213
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: When both N.D.C.C. § 12.1-32-09.1 and N.D.C.C. § 12.1-32-01(1) apply to a defendant’s sentence, the defendant is not eligible for parole until eighty-five percent of the sentence has been served or thirty years after admission to the penitentiary, whichever is greater.

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